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How Long to Become a De Facto Relationship?

Discussion in 'Family Law Forum' started by James G, 9 April 2014.

  1. James G

    James G Member

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    My girlfriend and I just moved in together after travelling overseas together for the past 6 months. How long do we have to live together before our relationship becomes a de facto relationship under family law?
     
  2. Ben N

    Ben N Member

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    The Family Law Act states that you are in a de facto relationship with another person if you are not legally married to each other, you are not related by family and you have a relationship as a couple living together on a genuine domestic basis.

    To assess if you are living together on a genuine domestic basis, the Court may look to:
    •the duration of the relationship;
    •the nature and extent of common residence;
    •whether a sexual relationship exists;
    •the degree of financial dependence or interdependence and arrangements for financial support;
    •the ownership, use and acquisition of their property;
    •the decree of mutual commitment to a shared life;
    •whether the relationship is or was registered under a prescribed law of a State/Territory;
    •the care and support of children; and
    •the reputation and public aspects of the relationship.

    Usually, you will need to demonstrate that you have lived together for at least 2 years (or total periods of 2 years), or that there is a child from the relationship.

    Once you are de facto partners, you have the same rights and entitlements as married couples to sort out property settlement (and superannuation) entitlements.

    Source: http://www.austlii.edu.au/au/legis/cth/consol_act/fla1975114/s4aa.html
     

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